@Walter Hinteler,
Walter Hinteler wrote:
I'm still thinking that the Supreme Court reinstated (sic!) Trump's travel ban only for some immigrants - after having read the ruling again now and despite your rambling burp kind elaboration of legal terms and concepts.
Could well be a Pyrrhi victoria.
It is more apt accurate to say that an exception was granted
only for some immigrants, the ones least likely to present a threat. The "bonfide relationship" test will not at all be loose and while Alito, Roberts, and Gorsuch were correct to argue no exception should be granted (in part because it could result in a flood of litigation filed by lawyers who don't want to admit they've lost), the exception, in no way, decimated the EO and if litigation is filed, it will be because people the government wants to ban, will have been denied entry. Since the entire EO involves a temporary process, given the length of time litigation requires, the cases are likely to be moot by the time they are decided (if they are not dismissed because they are moot), so I don't see much of a practical effect from the exception...other than perhaps clogging the courts for a while
The Court ruled on a "temporary" basis because it accepted the government's case that the injunction is causing an immediate harm that can't wait until the case is fully heard
AND that
it is highly likely that the government will prevail once all arguments are made and heard. This is an important aspect of the case that you may have missed. Now, it's certainly possible that the Court will end up deciding against the government once all arguments are made, but whenever an injunction is granted or lifted in advance of a full hearing, the judge or judges are tipping their hats as to what they think of the merits of the case. It's also possible that the Justices will decide, once the case comes before them again, that the whole issue is moot if and since the government may have already reached it's the conclusion the temporary ban was intended to allow for.
Don't feel bad about not attending law school in the States, I didn't either but I can still formulate what I believe are reasonable opinions based upon what I do know and learn. I'm not likely to be as accurate about the law as a trained and experienced attorney, but I'm close enough for government work and A2K discussions. (A nice thing about the latter is that if I, or anyone, gets something technically wrong, there is almost always someone with greater knowledge who will jump in with a correction) I haven't yet read the whole decision (that requires more than a few minutes), but I will and if I think I've gotten something wrong about it, I'll get back to you.
In the meantime, you should read it for what it says, not what you want it to say. For instance, I wanted it to say that the order is reinstated in it's entirety and that the lower courts who have ruled on it were motivated solely by partisan ideology, but, alas, it didn't and I can't, honestly say, "Well, it almost did" so that my team can score a point or two it doesn't deserve, or simply so I can feel better about my disappointment.